26 June 2013 Last updated at 19:26 GMT
US Supreme Court in historic rulings on gay marriage The US Supreme Court has struck down a law denying federal benefits to gay couples and cleared the way for same-sex marriage in California. The justices said that the Defense of Marriage Act, known as Doma, discriminated against same-sex couples. They declined to rule on California's prohibition of gay marriage, known as Proposition 8, in effect allowing such unions to resume in the state. Opinion polls indicate that most Americans support same-sex marriage. Wednesday's decisions do not affect the bans on gay unions enshrined in the constitutions of more than 30 US states. But the California ruling means that 13 US states and the District of Columbia now recognise same-sex marriage. 'We are more free' The Doma opinion grants legally married gay men and women access to the same federal entitlements available to opposite-sex married couples. These include tax, health and pension benefits and family hospital visits. Continue reading the main story At the scene image of Paul Adams Paul Adams Washington, United States Narrow victories perhaps, but there was evident delight among the overwhelming majority of those gathered in the hot sun outside the Supreme Court. After today, public and legal opinion are more closely aligned. No consensus yet, but narrow majorities in favour of gay couples being allowed to marry and enjoy the same rights as their fellow, straight citizens. The practical implications of today's rulings may be narrow (they only involve 13 states and the District of Columbia), but it was the symbolism of the moment that thrilled the crowd. They know there will be lots of battles ahead. But for the first time, the Supreme Court has attempted to make sense of the rules around gay marriage. For most of those who gathered in the heat outside this great temple of law, today's results suggest the tide of history is with them. The landmark 5-4 rulings prompted celebrations from about 1,000 gay rights advocates gathered outside the Supreme Court in Washington DC and nationwide. The legal challenge to Doma was brought by New York resident Edith Windsor, 83. She was handed a tax bill of $363,000 (£236,000) when she inherited the estate of her spouse Thea Speyer - a levy she would not have had to pay if she had been married to a man. "It's an accident of history that put me here," Ms Windsor said after the ruling was handed down. Justice Anthony Kennedy wrote in the ruling: "Doma writes inequality into the entire United States Code. "Under Doma, same-sex married couples have their lives burdened, by reason of government decree, in visible and public ways," the decision added. "Doma's principal effect is to identify a subset of state-sanctioned marriages and make them unequal." Lower courts had also decided in Ms Windsor's favour. After the ruling Defence Secretary Chuck Hagel said the Pentagon would begin extending benefits to same-sex military spouses as soon as possible. Defence officials added there were an estimated 18,000 gay couples in the armed forces, although it is not known how many were married. US President Barack Obama, who is on a state visit to the West African country of Senegal, said: "When all Americans are treated as equal, no matter who they are or whom they love, we are all more free." 'No authority' Proposition 8 is a ban on gay marriage passed by California voters in November 2008, just months after the state's supreme court decided such unions were legal. In Washington DC people talked to the BBC about the rulings Two same-sex couples launched a legal challenge against Proposition 8. As the state of California refused to defend it, the group that sponsored the measure stepped up to do so. But on Wednesday, the US Supreme Court said a private party did not have the right, or "standing", to defend the constitutionality of a law. "We have no authority to decide this case on the merits," Chief Justice John Roberts wrote in the ruling, which was not split along ideological lines. The court also said the party defending the ban could not demonstrate that they would suffer injury if the law were to be struck down. Their opinion leaves in place a ruling by a lower court, in San Francisco, that struck down Proposition 8. California Governor Jerry Brown is ordering county officials statewide to comply. The four dissenting Supreme Court justices said they believed they should have addressed the constitutional question of same-sex marriage before them in the Proposition 8 case. Further litigation could lie ahead for the California ban, analysts say. President Obama called the plaintiffs to congratulate them from Air Force One, his official jet, en route to Africa. A military woman and her wife explain why Doma has made their life as a married couple difficult About 18,000 same-sex couples were married in that state in the less than five months same-sex marriages were permitted there. Doma was signed into law in 1996 by former President Bill Clinton after it was approved in Congress with bipartisan support. But it was subsequently struck down by several lower courts. In 2011, President Obama said that while he would continue to enforce Doma, his administration would not defend it in court. So Republicans from the House of Representatives argued in favour of the measure. House Speaker John Boehner, the top Republican in Congress, said he was disappointed with Wednesday's ruling. "A robust national debate over marriage will continue in the public square, and it is my hope that states will define marriage as the union between one man and one woman," he said ------------------------------------ Post message: [email protected] Subscribe : [email protected] Unsubscribe : [email protected] List owner : [email protected] Homepage : http://proletar.8m.com/Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/proletar/ <*> Your email settings: Individual Email | Traditional <*> To change settings online go to: http://groups.yahoo.com/group/proletar/join (Yahoo! ID required) <*> To change settings via email: [email protected] [email protected] <*> To unsubscribe from this group, send an email to: [email protected] <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/
